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Pa. court ponders fan suit over Jets-Pats Spygate
Breaking Legal News | 2010/04/15 09:20

The New England Patriots could find themselves defending a lawsuit by NFL fans miffed about their secret videotaping of signals from New York Jets coaches.

The NFL bans such videotaping and issued $750,000 in fines against the Patriots and coach Bill Belichick after they were caught taping signals at the Jets' 2007 home opener in Giants Stadium.

Lawyer Carl Mayer, a Jets season ticket holder from Princeton, N.J., argued in a U.S. appeals court Wednesday that fans spent vast sums of money to see games that were essentially rigged. His suit, earlier dismissed by a lower court, seeks $185 million in damages for Jets fans alone.

Mayer, who asked the appeals court to revive the suit, said he hopes to learn the extent of the Patriots' taping, dubbed Spygate, through discovery.

"The game will become more and more corrupt if there is no remedy," said his lawyer, Bruce Afran. "The NFL will degenerate into the WWE (World Wrestling Entertainment)."

NFL lawyers insist the Patriots violated only league rules — not any civil or criminal laws. They fear that disappointed fans will sue over myriad game day complaints if the case is upheld.



Calif. woman sentenced in forced labor case
Human Rights | 2010/04/15 09:19

A woman convicted of luring a Peruvian to the United States with promises of job then confiscating her travel documents and forcing her to work for no pay was sentenced to six years in prison Wednesday.

Maribel de la Rosa Dann was found guilty of forced labor and related charges for keeping Zoraida Pena-Canal enslaved as a household servant from summer of 2006 to the spring of 2008. Dann, a real estate agent in the affluent suburb of Walnut Creek, was also ordered to serve three years of supervised released, and ordered to pay $123,740 in restitution for back wages not paid.

Pena-Canal has a civil case pending in which she is seeking to recover the costs of her labor, emotional distress and other damages.

The victim did not want to speak in court, but in a written statement she told others who might be enduring similar circumstances, "Do not be afraid and do not be ashamed. Seek help and fight for the justice you deserve."

Attorneys and advocates said that while the public may be more familiar with human trafficking victims who are forced into prostitution, cases of forced labor like Pena-Canal's are also widespread.



Court rules against Santarus in patent suit
Biotech | 2010/04/15 09:17

A U.S. district court ruled against specialty pharmaceutical company Santarus Inc in its patent suit against Par Pharmaceuticals, sending Santarus shares tumbling 48 percent after the bell.

The suit filed by Santarus and co-plaintiff University of Missouri relates to Par's application to market a generic version of Santarus' heartburn drug, Zegerid.

The court ruled that the patents-in-suit are invalid due to obviousness. It also concluded that certain asserted claims are invalid for lack of written description.

The case is Santarus Inc et al v. Par Pharmaceutical Inc, U.S. District Court, District of Delaware. No. 07-551.



Brandy A. Hood, Esq. Joins Tully Rinckey PLLC
Law Firm News | 2010/04/15 07:24

Washington, D.C. & Albany, NY – Tully Rinckey PLLC is pleased to announce the addition of attorney Brandy Hood as an associate in its Washington, D.C. law office. Ms. Hood joins the firm’s federal sector labor and employment law practice.

Ms. Hood will provide representation to federal employees in a wide range of employment and labor issues including discrimination, sexual harassment, equal pay, adverse action, and Title VII claims. She has previous experience in immigration, bankruptcy, civil litigation, and business transactions.

Prior to joining Tully Rinckey PLLC, Ms. Hood was a Judicial Extern for Honorable Lance Africk at the United States District Court for the Eastern District of Louisiana and a Judicial Intern for the Honorable Frederick H. Wicker at the Louisiana Fifth Circuit of Appeal. 

Ms. Hood earned her Juris Doctorate at Tulane University Law School, graduating cum laude and earning the David L. Herman Award for her high professional standards in law. In addition to her law degree, Ms. Hood holds a B.A. degree from The George Washington University.

She is admitted to practice in New York and her District of Columbia admission is pending.

For more information about Brandy Hood’s addition to Tully Rinckey PLLC or the firm’s federal labor and employment law practice, please contact Jessica Brociek at 202-787-1900 or via email at jbrociek@tullylegal.com.



Wash. deputy sues over Whopper with spit
Court Watch | 2010/04/15 03:20

A sheriff's deputy in Washington state is suing Burger King and a franchise operator over a Whopper he says a worker spit on.

Clark County Sheriff's Deputy Edward Bylsma (BILZ-muh) says in the lawsuit that he stopped for a meal at a Vancouver, Wash., Burger King early one morning in March 2009 and got an "uneasy feeling" about two of its workers.

When he checked his hamburger, the suit says, he found a big gob of spit. DNA testing matched the saliva to one of the workers, who eventually pleaded guilty to assault.

The federal court suit filed Tuesday in Portland seeks at least $75,000 and names Burger King Corp. and franchise operator Kaizen Restaurants in Beaverton.

Burger King and Kaizen said in a statement Wednesday they have "zero tolerance" for the workers' actions, and that both employees have been fired.



FINRA’s Ex-Enforcement Chief Joins Law Firm
Legal Careers News | 2010/04/15 02:22

Susan Merrill, FINRA's former head of enforcement, has landed a new job as a partner at the New York office of the law firm Bingham McCutchen LLP. Susan Merrill, the former head of enforcement at the Financial Industry Regulatory Authority ( FINRA ), has landed a new job as a partner at the New York office of the law firm Bingham McCutchen LLP.

In March, FINRA announced that Merrill was stepping down at an undetermined date to return to private practice. The agency has yet to name her replacement.

At Bingham, Merrill will join the firm's broker-dealer group and will lead its enforcement practice and advise financial industry clients on regulatory and securities enforcement issues.



Dutch court acquits nurse of killing patients
International | 2010/04/15 02:20

A Dutch appeals court has acquitted a nurse who was once sentenced to life in prison for on charges of killing several patients, and prosecutors have apologized.

Lucy de Berk, now 49, served six and a half years in prison before an extraordinary review of her conviction — which had been upheld by the country's Supreme Court — led to a retrial. A key finding was that a statistician who testified the chances of her innocence were one in 342 million had gravely miscalculated.

The country's Attorney General Harm Brouwers said Wednesday he wishes to restore De Berk's reputation. He said the state is negotiating a financial settlement and in the future will not be so quick to rely on the opinions of outside experts.



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